Opinion
NO. 01-18-00484-CR NO. 01-18-00491-CR
03-12-2019
EX PARTE MINGCAN ZHANG, Appellant
On Appeal from the 179th District Court Harris County, Texas
Trial Court Cause Nos. 1581116 & 1580092
Appellate cause number 01-18-00484-CR; trial court cause number 1581116. Appellate cause number 01-18-00491-CR; trial court cause number 1580092.
MEMORANDUM OPINION
Appellant, Mingcan Zhang, was indicted in the underlying trial court cause number 1581116 for the second-degree felony offense of aggravated assault with a deadly weapon, and the trial court initially set his bond at $30,000 Appellant was later indicted in the related trial court cause number 1580092 for the third-degree felony offense of assault of a public servant, and the trial court initially set his bond at $75,000. After appellant filed a pre-trial application for a writ of habeas corpus in both cases, pursuant to Texas Code of Criminal Procedure article 17.151, the trial court denied the application, but reduced the bond to $2,500 in each case. Appellant timely filed a notice of appeal of the order denying his habeas application, and new counsel was appointed who filed a brief. See TEX. R. APP. P. 26.2(a)(1), 31.1.
See TEX. PEN. CODE ANN. § 22.02(a)(2), (b) (West 2011).
See TEX. PEN. CODE ANN. § 22.01(a)(1), (b)(1) (West 2011).
While the trial court certified that this was not a plea-bargain case and that appellant had the right of appeal in trial court cause number 1581116, it failed to do so in trial court cause number 1580092. See TEX. R. APP. P. 25.2(a)(2). Although an appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record, the Clerk of this Court requested that a supplemental clerk's record be filed. TEX. R. APP. P. 25.2(d), 37.1.
On March 4, 2019, the district clerk filed a supplemental clerk's record in each case attaching the December 19, 2018 cash bail bond showing that appellant posted the $2,500 bond in each case and had been released from custody. "The longstanding rule in Texas regarding habeas corpus is that where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot." Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.—Houston [14th Dist.] 2003, no pet.) (per curiam) (mem. op.) (internal quotation marks and citation omitted) (granting State's motion to dismiss appeal of pre-trial habeas application seeking a bond reduction after appellant posted bond and was released).
Accordingly, because appellant has posted bond in each case, we dismiss these appeals for want of jurisdiction as moot. See TEX. R. APP. P. 43.2(f); Ex parte Guerrero, 99 S.W.3d at 853.
PER CURIAM Panel consists of Justices Keyes, Higley, and Goodman. Do not publish. TEX. R. APP. P. 47.2(b).